Terms of Service

1. Agreement to Terms

By accessing or using the MyndHyve Canvas Orchestrator platform and any associated services, APIs, or documentation (collectively, the "Services"), you agree to be bound by these Terms of Service (these "Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and references to "you" include both you and the organization.

If you do not agree to these Terms, do not access or use the Services.

Note: By clicking "I Accept," creating an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

MyndHyve provides an AI-powered workspace orchestration platform that includes:

• Canvas Workspaces ("Hyves"): AI-driven project workspaces for application building, content creation, design, and more
• Workflow Engine: Automated task orchestration with multi-model AI support
• AI Agents: Configurable intelligent agents for task automation and coordination
• CMS & Page Builder: Content management and website publishing tools
• CRM & Marketing: Customer relationship management, lead scoring, pipeline management, and marketing automation
• Entity Framework: Extensible data modeling, taxonomy, and content management system
• Connectors & Integrations: Third-party service integrations and API access
• Document Management: Project documents, artifacts, and version control

The specific features available to you depend on your subscription plan. We reserve the right to modify, add, or discontinue features with reasonable notice.

3. Accounts & Registration

To use the Services, you must create an account and provide accurate, complete, and current registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account
• You agree to notify us immediately of any unauthorized access to your account
• We may suspend or terminate accounts that provide false information or violate these Terms
• You may not share account credentials or allow multiple people to use a single account unless authorized by your subscription plan

4. AI-Powered Features & Outputs

The Services include AI-powered features that generate content, code, designs, analysis, and other outputs ("AI Outputs"). You acknowledge and agree:

• No Guarantees of Accuracy: AI Outputs are generated by machine learning models and may contain errors, inaccuracies, or biases. You are responsible for reviewing and validating all AI Outputs before relying on them
• Human Oversight Required: AI Outputs should not be used as the sole basis for decisions that could affect health, safety, legal rights, or financial outcomes
• Content Responsibility: You are solely responsible for any content you publish, distribute, or act upon based on AI Outputs
• Model Limitations: AI models may not have current information and may generate content that is outdated or factually incorrect
• Third-Party Models: We may use third-party AI providers. Use of their services is subject to their respective terms and usage policies

See our AI Features Addendum for additional terms regarding AI-specific features.

5. Intellectual Property

Your Content

You retain ownership of all content, data, and materials you upload, create, or input into the Services ("Your Content"). By using the Services, you grant us a limited, non-exclusive, worldwide license to use Your Content solely to provide and improve the Services.

AI-Generated Content

Subject to applicable law and these Terms, you own the AI Outputs generated through your use of the Services, to the extent ownership is possible under applicable intellectual property law. You acknowledge that similar AI Outputs may be generated for other users and that ownership rights in AI-generated content may vary by jurisdiction.

Our IP

We retain all rights in the Services, including the platform, software, documentation, APIs, designs, algorithms, and trademarks. Nothing in these Terms grants you any rights to our IP except the limited right to use the Services as described herein.

Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable license to use the Feedback for any purpose without compensation.

6. Fees & Payment

Certain features of the Services require a paid subscription. By subscribing to a paid plan:

• You agree to pay the applicable fees as described at the time of purchase
• Fees are billed in advance on a monthly or annual basis, depending on your chosen plan
• All fees are non-refundable except as required by applicable law or as stated in our refund policy
• We may change pricing with 30 days' advance notice; continued use after the effective date constitutes acceptance
• You are responsible for all applicable taxes

For enterprise agreements, billing terms may be governed by a separate order form or contract.

7. Data Protection & Privacy

We take data protection seriously. Our collection and use of personal data is governed by our Privacy Policy. Key commitments:

• We process personal data in accordance with applicable data protection laws (including GDPR, CCPA, and other applicable privacy regulations)
• Enterprise customers may enter into a Data Processing Addendum for GDPR compliance
• We maintain appropriate technical and organizational security measures
• We do not sell personal data to third parties
• See our Subprocessors List for current third-party processors

8. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with our Acceptable Use Policy. Prohibited uses include but are not limited to activities listed in the AUP.

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating access without notice.

9. Service Availability & SLA

We strive to maintain high availability of the Services. For paid plans, service level commitments are described in our Service Level Agreement.

• We may perform scheduled maintenance with reasonable advance notice
• We are not liable for downtime caused by factors beyond our reasonable control
• Free-tier users receive no uptime guarantees

10. Termination

Either party may terminate this agreement:

• You: May cancel your account at any time through your account settings. Cancellation takes effect at the end of your current billing period
• Us: We may suspend or terminate your access immediately if you violate these Terms, engage in fraudulent activity, or if required by law
• Effect: Upon termination, your right to use the Services ceases immediately. We will make your data available for export for 30 days following termination, after which it may be deleted

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We do not warrant that AI Outputs will be accurate, complete, or suitable for any particular purpose. You use the Services at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MyndHyve Inc., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

Our total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless MyndHyve Inc. and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or use of AI Outputs

14. Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Arbitration: Any dispute arising from these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, unless the parties agree otherwise.

Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action.

Small Claims Exception: Either party may bring claims in small claims court if the claim qualifies.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. For paid subscribers, we will provide at least 30 days' notice of material changes via email or in-app notification.

Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, AUP, and any applicable order forms, constitute the entire agreement between you and MyndHyve Inc.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any right does not constitute a waiver of that right
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights freely
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control
• Notices: We may send notices via email or in-app notifications. You may contact us at the addresses listed below

17. Contact Information

For questions about these Terms, contact us at:

• Email: legal@myndhyve.ai
• Address: 6047 Statler Dr SE, Caledonia MI 49316
• Sales inquiries: sales@myndhyve.ai